Jason Gonzales Sues Michel Madigan

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 1 of 56 PageID #:1
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
JASON GONZALES,
)
)
)
Case No.
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. MADIGAN, FRIENDS OF
)
MICHAEL J. MADIGAN, 13TH WARD
)
DEMOCRATIC ORGANIZATION,
)
PRISONER REVIEW BOARD, SHAW
)
DECREMER, SILVANA TABARES,
)
RAY HANANIA, JOE BARBOSA, and
)
GRASIELA RODRIGUEZ,
)
)
JURY DEMANDED
Defendants.
)
)
COMPLAINT
NOW COMES Plaintiff, JASON GONZALES, by and through his attorneys, Anthony J.
Peraica & Associates, Ltd., complaining of Defendants, MICHAEL J. MADIGAN, FRIENDS
OF MICHAEL J. MADIGAN, 13TH WARD DEMOCRATIC ORGANIZATION, PRISONER
REVIEW BOARD, SHAW DECREMER, SILVANA TABARES, RAY HANANIA, JOE
BARBOSA, and GRASIELA RODRIGUEZ (also collectively DEFENDANTS), and in
support thereof, respectfully states unto this Honorable Court as follows:
Nature of Claim
1.
JASON GONZALES brings this action seeking remedy for the deprivation of his
civil rights granted by the First, Fourteenth, and Fifteenth Amendments of the United States
Constitution and laws enacted thereunder, through acts and/or omissions of the DEFENDANTS,
1
committed under color of law, in violation of 42 U.S.C. 1983. JASON GONZALES seeks
legal and equitable relief, including but not limited to compensatory damages, punitive damages,
interest, and attorneys fees, pursuant to 42 U.S.C. 1983.
2.
In addition to the aforesaid deprivation of the constitutional rights of JASON
GONZALES, he also presents state-law causes of action sounding in tort for defamation per se,
false light, unlawful disclosure of criminal history, as well as conspiracy to prevent vote, and
deprivation of constitutional rights.
Jurisdiction and Venue
3.
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331, 1343 and
4.
Venue is proper in the Northern District of Illinois under 28 U.S.C. 1391
1367.
because all parties are located within this District and the events giving rise to the claims
occurred in this District.
Parties
5.
Plaintiff JASON GONZALES (hereinafter GONZALES) is an adult resident of
the City of Chicago, Cook County, State of Illinois and is a United States citizen.
6.
Defendant MICHAEL J. MADIGAN (hereinafter MADIGAN) is an individual
and currently, and at all other times relevant hereto, Speaker of the Illinois House of
Representatives representing District 22. MADIGAN is being sued in both his official and
individual capacities.
7.
As a member of the Illinois House of Representatives for District 22, at least,
MADIGAN is, and at all other times relevant hereto, a state actor.
8.
In addition to his direct action, MADIGAN acted by and through his employees
and/or agents, including but not limited to his co-defendants herein.

9.
Defendant FRIENDS OF MICHAEL J. MADIGAN (hereinafter FRIENDS OF
MADIGAN) is, and at all other times relevant hereto, a political action committee based within
Cook County, State of Illinois.
10.
FRIENDS OF MADIGAN is so intertwined with the state actor MADIGAN that
it is, and at all other times relevant hereto, a state actor.

11.
FRIENDS OF MADIGAN acted by and through its employees and/or agents,
including but not limited to its co-defendants herein.

12.
Defendant 13TH WARD DEMOCRATIC ORGANIZATION (hereinafter 13TH
WARD) is, and all other times relevant hereto, a political action committee, and a corporation
incorporated pursuant to the laws of the State of Illinois, with its principal place of business
based in Cook County, State of Illinois.
13.
13TH WARD is so intertwined with the state actor MADIGAN that it is, and at
all other times relevant hereto, a state actor.

14.
13TH WARD acted by and through its employees and/or agents, including but not
limited to its co-defendants herein.

15.
Defendant PRISONER REVIEW BOARD (hereinafter PRB) is a State of
Illinois agency, which, among other things, makes confidential recommendations to the
Governor relative to executive clemency petitions.
16.
PRB is a State of Illinois agency and, as such, is and at all other times relevant
hereto, a state actor.
17.
Defendant SHAW DECREMER (hereinafter DECREMER) is an individual and
was at all times relevant hereto, a top aide to co-defendant MADIGAN.

18.
As a top aide to MADIGAN, DECREMER, at least, was at all times relevant
hereto, a state actor.

19.
Defendant SILVANA TABARES (hereinafter TABARES) is an individual and
currently, and at all other times relevant hereto, a member of the Illinois House of
Representatives representing the 21st District. TABARES is being sued in both her official and
individual capacities.
20.
As a member of the Illinois House of Representatives for District 21, at least,
TABARES is, and at all other times relevant hereto, a state actor.
21.
Defendant RAY HANANIA (hereinafter HANANIA) is an individual and a
journalist based in the Chicagoland area.

22.
Defendant JOE BARBOSA (hereinafter BARBOSA) is an individual based in
the Chicagoland area.

23.
BARBOSA is so intertwined with the state actor MADIGAN that he is, and at all
other times relevant hereto, a state actor.

24.
Defendant GRASIELA RODRIGUEZ (hereinafter RODRIGUEZ) is an
individual based in the Chicagoland area.

25.
RODRIGUEZ is so intertwined with the state actor MADIGAN that she is, and at
all other times relevant hereto, a state actor.
Biography of Jason Gonzales

26.
GONZALES, the son of working class parents, had an early life that was chaotic
and dispiriting both at home and outside of the home as he grappled with racial prejudice,
various behavioral disorders, and trouble with school. When he was 17, he left home telling his
father, you will not make me miserable.
27.
During GONZALES teenage years, between 1991 and 1994 in particular,
GONZALES, allegedly engaged in criminal activity at shopping malls involving the unlawful
use of credit cards. Said criminal activity resulted in several arrests, criminal charges, and felony
and misdemeanor convictions. GONZALES was punished with a short stint in jail, probation,
and fines.
28.
Having paid his debt to society, and determined to overcome his past struggles,
GONZALES took the first step toward this end by returning to and completing high school
which also earned him the recognition of being an Illinois State Scholar. GONZALES then went
on to Michigan State University for one year then transferred to Duke University where he
graduated cum laude with degrees in history and economics. At Duke University, GONZALES
started a successful business and was an also athlete on the Duke University Mens Crew Team.
GONZALES then went on to the Massachusetts Institute of Technology, where he earned his
MBA and served as an advisor to MIT president, L. Rafael Reif. GONZALES then continued
his education even further when he went on to earn the degree of Master of Public
Administration from Harvard University, where he was mentored by former presidential advisor
David Gergen.
29.
GONZALES has been determined to use his education, life experiences, and
passion to help others. GONZALES speaks to at-risk kids in Chicago about the importance of
5
education, overcoming adversity, and staying in school. GONZALES also co-founded

AquaVida, a non-profit social enterprise that has brought clean drinking water to 30,000 people
in some of the worlds poorest and neediest places.
30.
Moreover, GONZALES was nominated to the Council of Foreign Relations and
World Economic Forum as a Young Global Leader. He is a member of the Chicago Council on
Global Affairs, the Spertus Institute, and the Civic Club of Chicago. And currently,
GONZALES is writing a memoir entitled, Thirteen Angels, which is due to be published in 2017.
31.
All the while, GONZALES dreamed of taking his public service to the next level,
by seeking elected office. However, despite all of the adversity GONZALES had surmounted,
GONZALES was prevented from doing so because of his criminal record.
Factual Background
32.
In an effort to yet fulfil his dream of continuing his public service as an elected
official, GONZALES unsuccessfully petitioned former Illinois Governors Jim Edgar and George
Ryan for gubernatorial pardons of his crimes.
33.
However, on January 9, 2015, then-Illinois Governor Pat Quinn granted
GONZALES executive clemency and a full pardon with order permitting expungement.
34.
A full pardon both relieves the pardoned person from further punishment and
cleanses him of guilt for the pardoned offense.

35.
By October 2015, all of GONZALES criminal case files had been either
expunged or sealed.
36.
On November 30, 2015, GONZALES had collected the required number of
petition signatures and arrived at the Springfield office of the Illinois State Board of Elections
(hereinafter Election Office) to file his nominating petition to become a candidate in the 2016
6
election for the District 22 seat of the Illinois House of Representatives (hereinafter District
22) approximately fifteen (15) minutes before the deadline for doing so.
37.
DECREMER had been staking out the Election Office prior to GONZALES
arrival and kept his attention fixed on GONZALES once GONZALES arrived.
38.
Minutes before the said deadline, GONZALES filed his nominating petition with
the Election Office.

39.
DECREMER, observing that GONZALES had just filed his nominating petition,
suddenly produced the nominating petitions for two (2) additional candidates for the District 22
election.
40.
DECREMER, acting on his own and in concert with one or more of his co-
defendants, and other currently-unknown parties, filed nominating petitions with the Election
Office for BARBOZA and RODRIGUEZ moments after GONZALES filed his own nominating
papers for the 2016 election for the District 22 seat of the Illinois House of Representatives.
41.
BARBOZA, one of these candidates who ostensibly ran in the 2016 election for
the District 22 seat of the Illinois House of Representatives was a phony candidate planted by the
DEFENDANTS herein to dilute the Hispanic vote. Barboza is an Hispanic surname.
42.
BARBOZA did not actively campaign, have a campaign website, or otherwise
promote his candidacy.

43.
RODRIGUEZ, the other of these candidates who ostensibly ran in the 2016
election for District 22 of the Illinois House of Representatives was a phony candidate planted by
the DEFENDANTS herein to dilute the Hispanic vote. Rodriguez is also an Hispanic
surname.
44.
RODRIGUEZ did not actively campaign, have a campaign website, or otherwise
promote her candidacy.

45.
Approximately 70% of the residents of District 22 are Hispanic.
46.
GONZALES, a resident of District 22, is also Hispanic.
47.
MADIGAN, also a resident of District 22, is Caucasiannot Hispanic.
48.
At a polling place during early voting, GONZALES witnessed TABARES
defaming GONZALES to voters by instructing them not to vote for GONZALES because he was
a convicted felon, and similar defamatory statements.
49.
HANANIA published defamatory statements about GONZALES in his columns,
postings, blogs, and the like.

COUNT I
42 U.S.C. 1983 FIRST AMENDMENT
MICHAEL J. MADIGAN
50.
GONZALES re-alleges and incorporates by reference all of the foregoing
paragraphs as though fully set forth herein.

51.
The First Amendment of the United States Constitution (hereinafter First
Amendment) grants the people the right to petition the government for a redress of grievances.
52.
MADIGAN while acting under color of law violated GONZALES right to
petition granted by the First Amendment.

53.
MADIGAN interfered with GONZALES right to petition the government for redress
pursuant to the First Amendment by MADIGAN tainting the pool of voters with messages that
GONZALES was a convicted felon in television commercials, internet commercials, mailers,
yard signs, in-person encounters with potential voters as MADIGAN and his employees and/or
agents went door to door throughout District 22, and the like, after GONZALES had received a
full gubernatorial pardon.
54.
As a direct and proximate result of the foregoing acts and/or omissions by
MADIGAN, GONZALES suffered injuries of a personal and pecuniary nature, including

emotional distress, damage to reputation, and further punishment despite being granted full
pardons.
55.
By reason of the misconduct of MADIGAN, GONZALES was deprived of rights
secured to him by the First Amendment and laws enacted thereunder. Therefore, MADIGAN is
liable to GONZALES pursuant to 42 U.S.C. 1983.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against Defendant,
MICHAEL J. MADIGAN, both jointly and severally, for substantial compensatory and punitive
damages, plus attorneys fees, costs, and for such other and further relief as this Honorable Court
deems just and proper, including temporary and permanent injunctions from further engaging in
the foregoing conduct.
COUNT II
42 U.S.C. 1983 FOURTEENTH AMENDMENT
EQUAL PROTECTION UNCONSTITUTIONAL CANDIDATE QUALIFICATION
MICHAEL J. MADIGAN
56.

57.
MADIGAN while acting under color of law violated GONZALES rights to equal
protection under the law by the Fourteenth Amendment of the United States Constitution.
58.
MADIGAN improperly misled the District 22 voters by instituting a candidate
qualification by falsely claiming, in his television commercials, internet commercials, mailers,

9
yard signs, in-person encounters with potential voters as MADIGAN and his employees and/or
agents went door to door throughout District 22, and the like, that GONZALES, as being a
convicted felon could not be elected to a political office.
59.
MADIGANs improper candidate qualification was false because GONZALES
was eligible to be elected to political office because of the full gubernatorial pardons he had
received. Therefore, no allegation is even necessary that the improper candidate qualification
was not narrowly tailored to promote a compelling or overriding interest.
60.

pardons.
61.
secured to him by the Fourteenth Amendment to the Constitution of the United States and laws
enacted thereunder. Therefore, MADIGAN is liable to GONZALES pursuant to 42 U.S.C.
1983.
10
COUNT III
EQUAL PROTECTION UNCONSTITUTIONAL VOTE DILUTION
MICHAEL J. MADIGAN
62.

63.
MADIGAN while acting under color of law violated GONZALES rights to equal
64.
MADIGAN interfered with the voting rights of Hispanics, including
GONZALES, by diluting the Hispanic vote by registering two fake candidates with Hispanic
surnames minutes after GONZALES filed his nominating petitionwhich was also just minutes
before the deadline to file nominating petitions for the election.
65.
Race was a predominant consideration in MADIGANs role in the registering of
two fake candidates with Hispanic surnames because District 22 of the Illinois House of
Representatives is predominantly Hispanic.
66.

pardons.
67.
11
enacted thereunder. Therefore, MADIGAN is liable to GONZALES pursuant to 42 U.S.C.

1983.
COUNT IV
42 U.S.C. 1983 FIFTEENTH AMENDMENT
UNCONSTITUTIONAL VOTE DILUTION
MICHAEL J. MADIGAN
68.
GONZALES re-alleges and incorporates by reference all of the foregoing paragraphs as
though fully set forth herein.

69.
MADIGAN while acting under color of law violated GONZALES rights granted by the
Fifteenth Amendment of the United States Constitution.

70.
The Fifteenth Amendment to the United States Constitution provides that [t]he right of
citizens of the United States to vote shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition of servitude.
71.
MADIGAN abridged the voting rights of Hispanics, including GONZALES, by diluting
the Hispanic vote by registering two fake candidates with Hispanic surnames minutes after
GONZALES filed his nominating petitionwhich was also just minutes before the deadline to
file nominating petitions for the election.
72.
MADIGANs actions were to dilute, minimize, and cancel the voting strength of
Hispanics, including GONZALES.

12
73.
As a direct and proximate result of the foregoing acts and/or omissions by MADIGAN,
GONZALES suffered injuries of a personal and pecuniary nature, including emotional distress,
damage to reputation, and further punishment despite being granted full pardons.
74.
By reason of the misconduct of MADIGAN, GONZALES was deprived of rights secured
to him by the Fifteenth Amendment to the Constitution of the United States and laws enacted
thereunder, including the Voting Rights Act, 52 U.S.C. 10101, et seq.
75.
Therefore, MADIGAN is liable to GONZALES pursuant to 42 U.S.C. 1983.

COUNT V
DEFAMATION PER SE ILLINOIS
MICHAEL J. MADIGAN
76.

77.
In addition to his direct action, MADIGAN acted by and through his employees
and/or agents, including but not limited to his co-defendants herein.

78.
MADIGAN made a false statement about GONZALES when he stated that
GONZALES was a convicted felon.

79.
MADIGAN made an unprivileged publication of the false statement to third
parties when he caused the statement to be published by way of television commercials, internet
commercials, mailers, yard signs, in-person encounters with potential voters as MADIGAN and
13
his employees and/or agents went door to door throughout District 22, and the like, after
GONZALES had received a full gubernatorial pardon.
80.
MADIGANs defamatory statement was one that harmed GONZALES
reputation to the extent it lowered GONZALES in the eyes of the community and deterred the
community from associating with him.
81.
MADIGANs statement was defamatory per se because its harm was obvious and
apparent on its face.

82.
MADIGANs statement was defamatory per se because it imputed that
GONZALES had committed a crime.

83.
GONZALES was unable to perform or lacked integrity to perform duties as a state

representative.
84.
GONZALES lacked ability and prejudiced GONZALES in his effort to be elected state
representative.
85.
MADIGAN acted with actual malice in making the aforesaid defamatory
statement because he did so with knowledge that it was false.

86.

pardons.
MICHAEL J. MADIGAN both jointly and severally, for substantial compensatory and punitive
14
COUNT VI
FALSE LIGHT ILLINOIS
MICHAEL J. MADIGAN
87.

88.
GONZALES was placed in a false light before the public when MADIGAN
tainted the pool of voters by reporting that GONZALES was a convicted felon, by way of
television commercials, internet commercials, mailers, yard signs, in-person encounters with
potential voters as MADIGAN and his employees and/or agents went door to door throughout
District 22, and the like, even though he knew otherwise because GONZALES had received a
full pardon for all of his crimes.
89.
The false light in which GONZALES was placed by MADIGAN would be highly
offensive to a reasonable person.

90.
MADIGAN acted with actual malice because he had knowledge that the
statements he made that GONZALES was a convicted felon were false.

91.

pardons.
15
COUNT VII
FRIENDS OF MICHAEL J. MADIGAN
92.

93.
FRIENDS OF MADIGAN was a willful participant in the joint action of re-
electing MADIGAN as the representative for District 22 of the Illinois House of Representatives
with state actor MADIGAN.
94.
95.
FRIENDS OF MADIGAN while acting under color of law violated GONZALES
right to petition granted by the First Amendment.

96.
FRIENDS OF MADIGAN interfered with GONZALES right to petition the government
for redress pursuant to the First Amendment by FRIENDS OF MADIGAN tainting the pool of
voters with messages that GONZALES was a convicted felon in television commercials, internet
commercials, mailers, yard signs, in-person encounters with potential voters as FRIENDS OF
MADIGAN and its employees and/or agents went door to door throughout District 22, and the
like, after GONZALES had received a full gubernatorial pardon.
97.
FRIENDS OF MADIGAN, GONZALES suffered injuries of a personal and pecuniary nature,
16
including emotional distress, damage to reputation, and further punishment despite being granted
full pardons.
98.
By reason of the misconduct of FRIENDS OF MADIGAN, GONZALES was
deprived of rights secured to him by the First Amendment and laws enacted thereunder.
Therefore, FRIENDS OF MADIGAN is liable to GONZALES pursuant to 42 U.S.C. 1983.
FRIENDS OF MICHAEL J. MADIGAN, both jointly and severally, for substantial
compensatory and punitive damages, plus attorneys fees, costs, and for such other and further
relief as this Honorable Court deems just and proper, including temporary and permanent
injunctions from further engaging in the foregoing conduct.
COUNT VIII
99.

100.
rights to equal protection under the law by the Fourteenth Amendment of the United States
Constitution.
101.
FRIENDS OF MADIGAN improperly misled the District 22 voters by instituting
a candidate qualification by falsely claiming, in its television commercials, internet commercials,

mailers, yard signs, in-person encounters with potential voters as FRIENDS OF MADIGAN and
its employees and/or agents went door to door throughout District 22, and the like, that
GONZALES, as being a convicted felon could not be elected to a political office.
17
102.
FRIENDS OF MADIGANs improper candidate qualification was false because
GONZALES was eligible to be elected to political office because of the full gubernatorial
pardons he had received. Therefore, no allegation is even necessary that the improper candidate
qualification was not narrowly tailored to promote a compelling or overriding interest.
103.

full pardons.
104.
deprived of rights secured to him by the Fourteenth Amendment to the Constitution of the United
States and laws enacted thereunder. Therefore, FRIENDS OF MADIGAN is liable to
GONZALES pursuant to 42 U.S.C. 1983.
COUNT IX
105.
18
106.
rights to equal protection under the law by the Fourteenth Amendment of the United States
Constitution.
107.
FRIENDS OF MADIGAN interfered with the voting rights of Hispanics,
including GONZALES, by diluting the Hispanic vote by registering two fake candidates with
Hispanic surnames minutes after GONZALES filed his nominating petitionwhich was also
just minutes before the deadline to file nominating petitions for the election.
108.
Race was a predominant consideration in FRIENDS OF MADIGANs role in the
registering of two fake candidates with Hispanic surnames because District 22 of the Illinois
House of Representatives is predominantly Hispanic.
109.

full pardons.
110.
deprived of rights secured to him by the Fourteenth Amendment to the Constitution of the United
States and laws enacted thereunder. Therefore, FRIENDS OF MADIGAN is liable to
19
COUNT X
111.

112.
rights granted by the Fifteenth Amendment of the United States Constitution.

113.
The Fifteenth Amendment to the United States Constitution provides that [t]he
right of citizens of the United States to vote shall not be denied or abridged by the United States
or by any State on account of race, color, or previous condition of servitude.
114.
FRIENDS OF MADIGAN abridged the voting rights of Hispanics, including
115.
FRIENDS OF MADIGANs actions were to dilute, minimize, and cancel the
voting strength of Hispanics, including GONZALES.

116.

full pardons.
117.
deprived of rights secured to him by the Fifteenth Amendment to the Constitution of the United
States and laws enacted thereunder including the Voting Rights Act, 52 U.S.C. 10101, et seq.
20
118.
Therefore, MADIGAN is liable to GONZALES pursuant to 42 U.S.C. 1983.

COUNT XI
119.

120.
FRIENDS OF MADIGAN made a false statement about GONZALES when it
stated that GONZALES was a convicted felon.

121.
FRIENDS OF MADIGAN made an unprivileged publication of the false statement to
third parties when it caused the statement to be published by way of television commercials,
internet commercials, mailers, yard signs, in-person encounters with potential voters as
FRIENDS OF MADIGAN and its employees and/or agents went door to door throughout
District 22, and the like.
122.
FRIENDS OF MADIGANs defamatory statement was one that harmed
GONZALES reputation to the extent it lowered GONZALES in the eyes of the community and
deterred the community from associating with him.
123.
FRIENDS OF MADIGANs statement was defamatory per se because its harm
was obvious and apparent on its face.
21
124.
FRIENDS OF MADIGANs statement was defamatory per se because it imputed
that GONZALES had committed a crime.

125.
that GONZALES was unable to perform or lacked integrity to perform duties as a state
representative.
126.
that GONZALES lacked ability and prejudiced GONZALES in his effort to be elected state
representative.
127.
FRIENDS OF MADIGAN acted with actual malice in making the aforesaid
defamatory statement because it did so with knowledge that it was false.

128.

full pardons.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against the FRIENDS
OF MICHAEL J. MADIGAN both jointly and severally, for substantial compensatory and
punitive damages, plus attorneys fees, costs, and for such other and further relief as this
Honorable Court deems just and proper, including temporary and permanent injunctions from
further engaging in the foregoing conduct.
COUNT XII
129.

22
130.
GONZALES was placed in a false light before the public when FRIENDS OF
MADIGAN tainted the pool of voters by reporting that GONZALES was a convicted felon, by
way of television commercials, internet commercials, mailers, yard signs in-person encounters
with potential voters as FRIENDS OF MADIGAN and its employees and/or agents went door to
door throughout District 22, and the like, even though it knew otherwise because GONZALES
had received a full pardon for all of his crimes.
131.
The false light in which GONZALES was placed by FRIENDS OF MADIGAN
would be highly offensive to a reasonable person.

132.
FRIENDS OF MADIGAN acted with actual malice because it had knowledge
that the statements it made that GONZALES was a convicted felon were false.
133.

full pardons.
COUNT XIII
13TH WARD DEMOCRATIC ORGANIZATION
134.

23
135.
13TH WARD was a willful participant in the joint action of re-electing
MADIGAN as the representative for District 22 of the Illinois House of Representatives with
state actor MADIGAN.
136.
137.
13TH WARD while acting under color of law violated GONZALES right to

138.
13TH WARD interfered with GONZALES right to petition the government for redress
pursuant to the First Amendment by 13TH WARD tainting the pool of voters with messages that
GONZALES was a convicted felon in television commercials, internet commercials, mailers,
yard signs, in-person encounters with potential voters as 13THE WARD and its employees
and/or agents went door to door throughout District 22, and the like, after GONZALES had
received a full gubernatorial pardon.
139.
As a direct and proximate result of the foregoing acts and/or omissions by 13TH WARD,
140.
By reason of the misconduct of 13TH WARD, GONZALES was deprived of
rights secured to him by the First Amendment and laws enacted thereunder. Therefore, 13TH
WARD is liable to GONZALES pursuant to 42 U.S.C. 1983.
13TH WARD DEMOCRATIC ORGANIZATION, both jointly and severally, for substantial
24
COUNT XIV
141.

142.
13TH WARD while acting under color of law violated GONZALES rights to
equal protection under the law by the Fourteenth Amendment of the United States Constitution.
143.
13TH WARD improperly misled the District 22 voters by instituting a candidate
qualification by falsely claiming, in its television commercials, internet commercials, mailers,

yard signs, in-person encounters with potential voters as 13TH WARD and its employees and/or
agents went door to door throughout District 22, and the like, that GONZALES, as being a
convicted felon could not be elected to a political office.
144.
13TH WARDSs improper candidate qualification was false because
GONZALES was eligible to be elected to political office because of the full gubernatorial
pardons he had received. Therefore, no allegation is even necessary that the improper candidate
qualification was not narrowly tailored to promote a compelling or overriding interest.
145.
As a direct and proximate result of the foregoing acts and/or omissions by 13TH
WARD, GONZALES suffered injuries of a personal and pecuniary nature, including emotional
distress, damage to reputation, and further punishment despite being granted full pardons.
146.
rights secured to him by the Fourteenth Amendment to the Constitution of the United States and
25
laws enacted thereunder. Therefore, 13TH WARD is liable to GONZALES pursuant to 42

U.S.C. 1983.
COUNT XV
147.

148.
13TH WARD while acting under color of law violated GONZALES rights to
149.
13TH WARD interfered with the voting rights of Hispanics, including
150.
Race was a predominant consideration in 13TH WARDs role in the registering of
two fake candidates with Hispanic surnames because District 22 of the Illinois House of
26
151.
152.
laws enacted thereunder. Therefore, 13TH WARD is liable to GONZALES pursuant to 42
U.S.C. 1983.
COUNT XVI
153.

154.
13TH WARD while acting under color of law violated GONZALES rights
granted by the Fifteenth Amendment of the United States Constitution.

155.
27
156.
13TH WARD abridged the voting rights of Hispanics, including GONZALES, by
diluting the Hispanic vote by registering two fake candidates with Hispanic surnames minutes
after GONZALES filed his nominating petitionwhich was also just minutes before the
deadline to file nominating petitions for the election.
157.
13TH WARDs actions were to dilute, minimize, and cancel the voting strength
of Hispanics, including GONZALES.

158.
159.
rights secured to him by the Fifteenth Amendment to the Constitution of the United States and
laws enacted thereunder, including the Voting Rights Act, 52 U.S.C. 10101, et seq.
160.
Therefore, 13TH WARD is liable to GONZALES pursuant to 42 U.S.C. 1983.

COUNT XVII
161.
28
162.
13TH WARD made a false statement about GONZALES when it stated that
GONZALES was a convicted felon.

163.
13TH WARD made an unprivileged publication of the false statement to third
parties when it caused the statement to be published by way of television commercials, internet
commercials, mailers, yard signs, in-person encounters with potential voters as 13TH WARD
and its employees and/or agents went door to door throughout District 22, and the like.
164.
13TH WARDs defamatory statement was one that harmed GONZALES
165.
13TH WARDs statement was defamatory per se because its harm was obvious
and apparent on its face.

166.
13TH WARDs statement was defamatory per se because it imputed that

167.

representative.
168.
representative.
169.
13TH WARD acted with actual malice in making the aforesaid defamatory
statement because it did so with knowledge that it was false.
29
170.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against the Defendant,
13TH WARD DEMOCRATIC ORGANIZATION both jointly and severally, for substantial
relief as this Honorable Court deems just and proper.
COUNT XVIII
171.

172.
GONZALES was placed in a false light before the public when 13TH WARD
tainted the pool of voters by reporting that GONZALES was a convicted felon, by way of
television commercials, internet commercials, mailers, yard signs, in-person encounters with
potential voters as 13TH WARD and its employees and/or agents went door to door throughout
District 22, and the like, even though it knew otherwise because GONZALES had received a full
pardon for all of his crimes.
173.
The false light in which GONZALES was placed by 13TH WARD would be
highly offensive to a reasonable person.

174.
13TH WARD acted with actual malice because it had knowledge that the
statements it made that GONZALES was a convicted felon were false.
30
175.
COUNT XIX
PRISONER REVIEW BOARD
176.

177.
178.
PRB while acting under color of law violated GONZALES right to petition
granted by the First Amendment.

179.
PRB interfered with GONZALES right to petition the government for redress
pursuant to the First Amendment when despite GONZALES being granted a full gubernatorial
pardon and expungement or sealing of his criminal records, PRB disclosed such records to,
including but not necessarily limited to, reporter for the Daily Herald, Kerry Lester.
180.
As a direct and proximate result of the foregoing acts and/or omissions by PRB,
31
181.
By reason of the misconduct of PRB, GONZALES was deprived of rights secured
to him by the First Amendment and laws enacted thereunder. Therefore, PRB is liable to
PRISONER REVIEW BOARD, both jointly and severally, for substantial compensatory and
COUNT XX
182.

183.
PRB made a false statement about GONZALES when it stated that GONZALES
was a convicted felon.

184.
PRB made an unprivileged publication of the false statement to third parties when
despite being granted a full gubernatorial pardon and expungement or sealing of his criminal
records, PRB disclosed such records to, including but not necessarily limited to, reporter for the
Daily Herald, Kerry Lester.
185.
PRBs defamatory statement was one that harmed GONZALES reputation to the
extent it lowered GONZALES in the eyes of the community and deterred the community from
associating with him.
186.
PRBs statement was defamatory per se because its harm was obvious and

32
187.
PRBs statement was defamatory per se because it imputed that GONZALES had
committed a crime.
188.
PRBs statement was defamatory per se because it imputed that GONZALES was
unable to perform or lacked integrity to perform duties as a state representative.

189.
PRBs statement was defamatory per se because it imputed that GONZALES
lacked ability and prejudiced GONZALES in his effort to be elected state representative.
190.
PRB acted with actual malice in making the aforesaid defamatory statement
because it did so with knowledge that it was false.

191.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against the Defendant,
PRISONER REVIEW BOARD both jointly and severally, for substantial compensatory and
Honorable Court deems just and proper.
COUNT XXI
192.

193.
GONZALES was placed in a false light before the public when despite being
granted a full gubernatorial pardon and expungement or sealing of GONZALES criminal

records, PRB disclosed such records to, including but not necessarily limited to, reporter for the
Daily Herald, Kerry Lester.
33
194.
The false light in which GONZALES was placed by PRB would be highly

195.
PRB acted with actual malice because it had knowledge that the statements it
made that GONZALES was a convicted felon were false.

196.
COUNT XXII
UNLAWFUL DISCLOSURE ILLINOIS
197.

198.
PRB is a public body as that term is used by the Illinois Freedom of Information
199.
730 ILCS 5/3-5-1(a) mandates that state correctional agencies maintain a master
Act.
record file on anyone committed to it, such as GONZALES once was.

200.
Such information to be included in a master record file is the individuals
criminal history.
34
201.
730 ILCS 5/3-5-1(b) provides that all files shall be confidential and access shall
be limited to authorized personnel of the respective Department. Personnel of other correctional,

welfare or law enforcement agencies may have access to files under rules and regulations of the
respective Department.
202.
PRB released to, at least, reporter for the Daily Herald, Kerry Lester,
GONZALES criminal history.

203.
As countenanced by 730 ILCS 5/3-5-1(b), Kelly Lester is not an authorized party
to receive GONZALES criminal history.

204.
PRB is a state agency which must comply with 730 ILCS 5/3-5-1.
205.
PRB violated 730 ILCS 5/3-5-1(b) when it released the aforesaid criminal
history and other documents and/or information to, at least, reporter for the Daily Herald, Kerry
Lester.
206.
35
COUNT XXIII
SHAW DECREMER
207.
GONZALES re-alleges and incorporates by reference all of the foregoing paragraphs as
though fully set forth herein.

208.
DECREMER while acting under color of law violated GONZALES rights to equal
209.
DECREMER interfered with the voting rights of Hispanics, including GONZALES, by
210.
Race was a predominant consideration in DECREMERs role in the registering of two
fake candidates with Hispanic surnames because District 22 of the Illinois House of
211.
As a direct and proximate result of the foregoing acts and/or omissions by DECREMER,
212.
By reason of the misconduct of DECREMER, GONZALES was deprived of rights
enacted thereunder. Therefore, DECREMER is liable to GONZALES pursuant to 42 U.S.C.
1983.
SHAW DECREMER, both jointly and severally, for substantial compensatory and punitive
36
COUNT XXIV
SHAW DECREMER
213.

214.
DECREMER while acting under color of law violated GONZALES rights

215.
216.
DECREMER abridged the voting rights of Hispanics, including GONZALES, by
217.
DECREMERs actions were to dilute, minimize, and cancel the voting strength of

218.
DECREMER, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
37
219.
By reason of the misconduct of DECREMER, GONZALES was deprived of
220.
Therefore, DECREMER is liable to GONZALES pursuant to 42 U.S.C. 1983.

SHAW DECREMER, both jointly and severally, for substantial compensatory and punitive
COUNT XXV
SILVANA TABARES
221.

222.
223.
TABARES while acting under color of law violated GONZALES right to

224.
TABARES interfered with GONZALES right to petition the government for
redress pursuant to the First Amendment by TABARES tainting the pool of voters when she
went to polling places during early voting and told as many voters as she could that GONZALES
was a convicted felon, after GONZALES had received a full gubernatorial pardon.
225.
TABARES, GONZALES suffered injuries of a personal and pecuniary nature, including

38
pardons.
226.
By reason of the misconduct of TABARES, GONZALES was deprived of rights
secured to him by the First Amendment and laws enacted thereunder. Therefore, TABARES is
liable to GONZALES pursuant to 42 U.S.C. 1983.
SILVANA TABARES, both jointly and severally, for substantial compensatory and punitive
COUNT XXVI
SILVANA TABARES
227.

228.
TABARES while acting under color of law violated GONZALES rights to equal
229.
TABARES improperly misled the District 22 voters by instituting a candidate
qualification by falsely claiming at polling places that GONZALES, as being a convicted felon
could not be elected to a political office.
230.
TABARES improper candidate qualification was false because GONZALES was
eligible to be elected to political office because of the full gubernatorial pardons he had received.
39
Therefore, no allegation is even necessary that the improper candidate qualification was not
narrowly tailored to promote a compelling or overriding interest.
231.

pardons.
232.
enacted thereunder. Therefore, TABARES is liable to GONZALES pursuant to 42 U.S.C.
1983.
COUNT XXVII
SILVANA TABARES
233.

234.
TABARES while acting under color of law violated GONZALES rights to equal
40
235.
TABARES interfered with the voting rights of Hispanics, including GONZALES,
by diluting the Hispanic vote by using her ability to speak Spanish at polling places during early
voting to spread misinformation about GONZALES and confusing Hispanic voters causing them
vote for straw candidates BARBOSA or RODRIGUEZif not MADIGAN.
236.
Race was a predominant consideration in TABARES aforesaid actions.
237.
District 22 of the Illinois House of Representatives is predominantly Hispanic.
238.

pardons.
239.
enacted thereunder. Therefore, TABARES is liable to GONZALES pursuant to 42 U.S.C.
1983.
41
COUNT XXVIII
SILVANA TABARES
240.

241.
TABARES while acting under color of law violated GONZALES rights granted
by the Fifteenth Amendment of the United States Constitution.

242.
243.
TABARES abridged the voting rights of Hispanics, including GONZALES, by
diluting the Hispanic vote by using her ability to speak Spanish at polling places during early
voting to spread misinformation about GONZALES and confusing Hispanic voters causing them
vote for straw candidates BARBOSA or RODRIGUEZif not MADIGAN.
244.
TABARES actions were to dilute, minimize, and cancel the voting strength of

245.

pardons.
246.
secured to him by the Fifteenth Amendment to the Constitution of the United States and laws
enacted thereunder, including the Voting Rights Act, 52 U.S.C. 10101, et seq.
42
247.
Therefore, TABARES is liable to GONZALES pursuant to 42 U.S.C. 1983.

COUNT XXIX
SILVANA TABARES
248.

249.
TABARES made false statements about GONZALES when she stated that
GONZALES was a convicted felon and made other similar statements.

250.
TABARES made an unprivileged publication of the false statements to third
parties by falsely claiming at polling places that GONZALES was a convicted felon and other
similar statements.
251.
TABARES defamatory statements were ones that harmed GONZALES
252.
TABARES statement was defamatory per se because its harm was obvious and

253.
TABARES statement was defamatory per se because it imputed that
43
254.
TABARES statements were defamatory per se because they imputed that

representative.
255.
TABARES statements were defamatory per se because they imputed that
representative.
256.
TABARES acted with actual malice in making the aforesaid defamatory
statements because she did so with knowledge that they were false.
257.

pardons.
SILVANA TABARES both jointly and severally, for substantial compensatory and punitive
COUNT XXX
SILVANA TABARES
258.

259.
GONZALES was placed in a false light before the public when TABARES
tainted the pool of voters by stating that GONZALES was a convicted felon, and similar
44
statements, at polling places, even though she knew otherwise because GONZALES had
received a full pardon for all of his crimes.
260.
The false light in which GONZALES was placed by TABARES would be highly

261.
TABARES acted with actual malice because she had knowledge that the
statements she made that GONZALES was a convicted felon, and similar statements, were false.
262.

pardons.
SILVAN TABARES, both jointly and severally, for substantial compensatory and punitive
COUNT XXXI
RAY HANANIA
263.

264.
HANANIA made false statements about GONZALES when he stated that
GONZALES was a convicted felon and made other similar statements.
45
265.
HANANIA made an unprivileged publication of the false statements to third
parties by falsely reporting through his articles, columns, blogs, and the like, that GONZALES
was a convicted felon and other similar statements.
266.
HANANIAs defamatory statements were ones that harmed GONZALES
267.
HANANIAs statements were defamatory per se because their harm were obvious
and apparent on their face.

268.
HANANIAs statements were defamatory per se because they imputed that

269.

representative.
270.
representative.
271.
HANANIA acted with actual malice in making the aforesaid defamatory
statements because he did so with knowledge that they were false.

272.
HANANIA, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
46

RAY HANANIA both jointly and severally, for substantial compensatory and punitive damages,
plus attorneys fees, costs, and for such other and further relief as this Honorable Court deems
just and proper, including temporary and permanent injunctions from further engaging in the
foregoing conduct.
COUNT XXXII
RAY HANANIA
273.

274.
GONZALES was placed in a false light before the public when HANANIA
tainted the pool of voters by stating that GONZALES was a convicted felon, and similar
statements, by falsely reporting them through his articles, columns, blogs, and the like, even
though he knew otherwise because GONZALES had received a full pardon for all of his crimes.
275.
The false light in which GONZALES was placed by HANANIA would be highly

276.
HANANIA acted with actual malice because he had knowledge that the
statements he made that GONZALES was a convicted felon, and similar statements, were false.
277.
HANANIA, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
RAY HANANIA, both jointly and severally, for substantial compensatory and punitive damages,
47
foregoing conduct.
COUNT XXXIII
JOE BARBOSA
278.

279.
BARBOSA while acting under color of law violated GONZALES rights to equal
280.
BARBOSA interfered with the voting rights of Hispanics, including
GONZALES, by entering the 2016 election for the District 22 seat of the Illinois House of
Representatives for the sole reason to assist MADIGAN by diluting the Hispanic vote.
281.
Race was a predominant consideration in BARBOSAs aforesaid actions.
282.
283.
BARBOSA, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
284.
By reason of the misconduct of BARBOSA, GONZALES was deprived of rights
enacted thereunder. Therefore, BARBOSA is liable to GONZALES pursuant to 42 U.S.C.
1983.
48

JOE BARBOSA, both jointly and severally, for substantial compensatory and punitive damages,
foregoing conduct.
COUNT XXXIV
JOE BARBOSA
285.

286.
BARBOSA while acting under color of law violated GONZALES rights granted
by the Fifteenth Amendment of the United States Constitution.

287.
288.
BARBOSA abridged the voting rights of Hispanics, including GONZALES, by
entering the 2016 election for the District 22 seat of the Illinois House of Representatives for the
sole reason to assist MADIGAN by diluting the Hispanic vote.
289.
BARBOSAs actions were to dilute, minimize, and cancel the voting strength of

290.
BARBOSA, GONZALES suffered injuries of a personal and pecuniary nature, including
49
pardons.
291.
By reason of the misconduct of BARBOSA, GONZALES was deprived of rights
secured to him by the Fifteenth Amendment to the Constitution of the United States and laws
enacted thereunder, including the Voting Rights Act, 52 U.S.C. 10101, et seq.
292.
Therefore, BARBOSA is liable to GONZALES pursuant to 42 U.S.C. 1983.

JOE BARBOSA, both jointly and severally, for substantial compensatory and punitive damages,
foregoing conduct.
COUNT XXXV
GRASIELA RODRIGUEZ
293.

294.
RODRIGUEZ while acting under color of law violated GONZALES rights to
295.
RODRIGUEZ interfered with the voting rights of Hispanics, including
GONZALES, by entering the 2016 election for the District 22 seat of the Illinois House of
Representatives for the sole reason to assist MADIGAN by diluting the Hispanic vote.
296.
Race was a predominant consideration in RODRIGUEZs aforesaid actions.
297.

50
298.
RODRIGUEZ, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
299.
By reason of the misconduct of RODRIGUEZ, GONZALES was deprived of
laws enacted thereunder. Therefore, RODRIGUEZ is liable to GONZALES pursuant to 42
U.S.C. 1983.
GRASIELA RODRIGUEZ, both jointly and severally, for substantial compensatory and punitive
COUNT XXXVI
GRASIELA RODRIGUEZ
300.

301.
RODRIGUEZ while acting under color of law violated GONZALES rights

302.
51
303.
BARBOSA abridged the voting rights of Hispanics, including RODRIGUEZ, by
entering the 2016 election for the District 22 seat of the Illinois House of Representatives for the
sole reason to assist MADIGAN by diluting the Hispanic vote.
304.
RODRIGUEZs actions were to dilute, minimize, and cancel the voting strength
of Hispanics, including GONZALES.

305.
RODRIGUEZ, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
306.
By reason of the misconduct of RODRIGUEZ, GONZALES was deprived of
307.
Therefore, RODRIGUEZ is liable to GONZALES pursuant to 42 U.S.C. 1983.

GRASIELA RODRIGUEZ, both jointly and severally, for substantial compensatory and punitive
COUNT XXXVII
42 U.S.C. 1983 CIVIL CONSPIRACY
ALL DEFENDANTS
308.
52
309.
DEFENDANTS, while acting under color of law, conspired to violate
GONZALES civil rights as secured to him by the United States Constitution, as detailed supra
in Counts I IV, VII X, XIII XVI, XIX, XXIII XXVIII, and XXXIII XXXVI.
310.
DEFENDANTS had an express or implied agreement among them to deprive
GONZALES of his said constitutional rights.

311.
GONZALES suffered actual deprivations of those rights in the form of overt acts
in furtherance of the agreement, also as detailed supra in Counts I IV, VII X, XIII XVI,
XIX, XXIII XXVIII, and XXXIII XXXVI.
312.
DEFENDANTS, GONZALES suffered injuries of a personal and pecuniary nature, including

pardons.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against the
DEFENDANTS both jointly and severally, for substantial compensatory and punitive damages,
foregoing conduct.
COUNT XXXVIII
10 ILCS 5/29-18 ILLINOIS CONSPIRACY TO PREVENT VOTE
ALL DEFENDANTS
313.
GONZALES re-alleges and incorporates herein by reference all of the foregoing

314.
10 ILCS 5/29-18 provides that:
53
If 2 or more persons conspire to prevent by force, intimidation, threat,

deception, forgery or bribery any person from registering to vote, or
preventing any person lawfully entitled to vote from voting, or preventing
any person from supporting or opposing, in a legal manner, the
nomination or election of any person for public or political party office, or
a proposition voted upon at any election, or to injure any person or such
persons property on account of such vote, support or advocacy, and if one
or more persons so conspiring do, attempt or cause to be done, any act in
furtherance of the object of such conspiracy, whereby another is injured in
his person or property or deprived of having or exercising any right,
privilege or immunity secured by the Constitution or laws of the United
States or the State of Illinois relating to the conduct of elections, voting, or
the nomination or election of candidates for public or political party office,
all persons engaged in such conspiracy shall be liable to the party injured
or any person affected, in any action or proceeding for redress.
315.
DEFENDANTS violated 10 ILCS 5/29-18 when they conspired to prevent by
deception any person from supporting GONZALES by spreading false information about
GONZALES and diluting the Hispanic vote.
316.

pardons.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against
DEFENDANTS, both jointly and severally, for substantial compensatory and punitive damages,
foregoing conduct.
54
COUNT XXXIX
10 ILCS 5/29-17 ILLINOIS DEPRIVATION OF CONSTITUTIONAL RIGHTS
ALL DEFENDANTS
317.
GONZALES re-alleges and incorporates herein by reference all of the foregoing

318.
10 ILCS 5/29-17 provides that:

Any person who subjects, or causes to be subjected, a citizen of the State
of Illinois or other person within the jurisdiction thereof to the deprivation
of any rights, privileges, or immunities secured by the Constitution or laws
of the United States or of the State of Illinois, relating to registration to
vote, the conduct of elections, voting, or the nomination or election of
candidates for public or political party office, shall be liable to the party
injured or any person affected, in any action or proceeding for redress.
319.
DEFENDANTS violated 10 ILCS 5/29-17 when they deprived GONZALES of
his constitutional rights as set forth supra in Counts I IV, VII X, XIII XVI, XIX, XXIII
XXVIII, and XXXIII XXXVI.
320.

pardons.
WHEREFORE Plaintiff JASON GONZALES, demands judgment against the
DEFENDANTS, both jointly and severally, for substantial compensatory and punitive damages,
55
foregoing conduct.
Respectfully submitted,
ANTHONY J. PERAICA & ASSOCIATES, LTD.
By:
Anthony J. Peraica
Anthony J. Peraica
ARDC No. 6186661
ANTHONY J. PERAICA & ASSOCIATES, LTD.
5130 S. Archer Avenue
Chicago, Illinois 60632
773-735-1700 office
773-585-3035 facsimile
peraicalaw@aol.com
56

Jason Gonzales Sues Michel Madigan

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Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 1 of 56 PageID #:1

IN THE UNITED STATES DISTRICT COURT

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 2 of 56 PageID #:2

In addition to the aforesaid deprivation of the constitutional rights of JASON

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331, 1343 and

Venue is proper in the Northern District of Illinois under 28 U.S.C. 1391

Plaintiff JASON GONZALES (hereinafter GONZALES) is an adult resident of

Defendant MICHAEL J. MADIGAN (hereinafter MADIGAN) is an individual

As a member of the Illinois House of Representatives for District 22, at least,

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 3 of 56 PageID #:3

and/or agents, including but not limited to his co-defendants herein.

Defendant FRIENDS OF MICHAEL J. MADIGAN (hereinafter FRIENDS OF

FRIENDS OF MADIGAN is so intertwined with the state actor MADIGAN that

it is, and at all other times relevant hereto, a state actor.

FRIENDS OF MADIGAN acted by and through its employees and/or agents,

including but not limited to its co-defendants herein.

Defendant 13TH WARD DEMOCRATIC ORGANIZATION (hereinafter 13TH

all other times relevant hereto, a state actor.

limited to its co-defendants herein.

Defendant PRISONER REVIEW BOARD (hereinafter PRB) is a State of

hereto, a state actor.

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 4 of 56 PageID #:4

Defendant SHAW DECREMER (hereinafter DECREMER) is an individual and

was at all times relevant hereto, a top aide to co-defendant MADIGAN.

As a top aide to MADIGAN, DECREMER, at least, was at all times relevant

hereto, a state actor.

Defendant SILVANA TABARES (hereinafter TABARES) is an individual and

As a member of the Illinois House of Representatives for District 21, at least,

Defendant RAY HANANIA (hereinafter HANANIA) is an individual and a

journalist based in the Chicagoland area.

Defendant JOE BARBOSA (hereinafter BARBOSA) is an individual based in

the Chicagoland area.

other times relevant hereto, a state actor.

Defendant GRASIELA RODRIGUEZ (hereinafter RODRIGUEZ) is an

individual based in the Chicagoland area.

all other times relevant hereto, a state actor.

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 5 of 56 PageID #:5

Biography of Jason Gonzales

During GONZALES teenage years, between 1991 and 1994 in particular,

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 6 of 56 PageID #:6

education, overcoming adversity, and staying in school. GONZALES also co-founded

Moreover, GONZALES was nominated to the Council of Foreign Relations and

However, on January 9, 2015, then-Illinois Governor Pat Quinn granted

cleanses him of guilt for the pardoned offense.

On November 30, 2015, GONZALES had collected the required number of

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 7 of 56 PageID #:7

the Election Office.

BARBOZA did not actively campaign, have a campaign website, or otherwise

promote his candidacy.

Case: 1:16-cv-07915 Document #: 1 Filed: 08/05/16 Page 8 of 56 PageID #:8

RODRIGUEZ did not actively campaign, have a campaign website, or otherwise

promote her candidacy.

Approximately 70% of the residents of District 22 are Hispanic.

GONZALES, a resident of District 22, is also Hispanic.

MADIGAN, also a resident of District 22, is Caucasiannot Hispanic.

At a polling place during early voting, GONZALES witnessed TABARES

HANANIA published defamatory statements about GONZALES in his columns,

postings, blogs, and the like.

GONZALES re-alleges and incorporates by reference all of the foregoing

paragraphs as though fully set forth herein.

The First Amendment of the United States Constitution (hereinafter First

MADIGAN while acting under color of law violated GONZALES right to

petition granted by the First Amendment.